Hello. My partner has been contacted by the police about an inicdent that happened last June, 7 months ago. The pc states that he has visited our home 21 times and attempted numerous calls. we live in a cul-de-sac and think we would have noticed or been told. The PC has interviewed him under caution on a voluntary basis and my partner has not admitted the charge whic he has been told is ABH. The allegation is that he hit a bus driver and caused a split lip. My partner acknowldges the confrontation, but has stated that he pushed the bus ticket towards the drivers face but dosent think he made contact. The PC showed a still image from the cctv of my partner stood next to the driver, at the end of the interview the pc states that he will send the case to cps for consideration. The next day he states new evidence has come to light. They have a witness, but the cctv needs to go to forensics to be played and they are inviting my partner to change his statement. He has advised tehm nothing further to add and that if he were to be re-interviewed he would seek legal representation, PC said that this would be my partners choice and that he would ask forensics to sort out the cctv and send it all off to the CPS. Any advice please woudl be gratefully received.
HiThank you for your question. I will try to help with this.He hasn't told the police that he pushed him, has he?
So did he make a no comment interview?If he answered questions, then he must have offered his account which seems to be that he pushed him?
The driver was stating that his ticket was not valid and so my partner has explained to the pc that he pushed the ticket close to the drivers face, he has not stated that he pushed him, he has answered that he does not know if he made contact with the mans face, when asked if he hit him.
So he has admitted pushing the ticket close to his face then?This is not going to be charged as an ABH. There aren't injuries to support it. But they could well charge it as a common assault by apprehension. I suppose it depends what the witnesses and the CCTV shows but without injuries its not going to be an ABH. In future, we always have solicitors in police interview. This probably should have been a no comment interview. If he doesn't know whether he made contact or not then he can't deny that he did Im afraid. If you can't say you didn't commit an offence then a no comment interview is the right thing to do.I am happy to discuss the above but please remember to click on accept. I will continue to help thereafter for free.
As i mentioned the police are stating that the driver had a split lip. If my partner went back into an interview with a solictor and asked to see the actual evidence and then stated no comment would this be feasible?, ie in order to see what evidence. My ex husband is a police officer and has suggested that there is a 6 month time limit on common assault and is questioning the other pc's approach....our uncertainty is whether to go back and be re-interviewed, or as my ex has suggested stating 'that there is nothing further to add'
That wouldn't amount to an ABH injury. They have to be quite severe before they get over that hurdle. I am happy to discuss this but please remember to CLICK on ACCEPT.
Bar Exams, over 5 years in practice.
Is the time delay significant then in terms of assault?
If they are going to charge it as a common assault then there is a 6 month deadline. But an ABH is an either way offence so can be charged at any time. if he doesn't go back for another interview though it won't make any difference really. They will either arrest him or carry on as before. He should really be making a no comment interview unless he can deny the offence.
I just wondered if you could still advise. My partner has been back for an interview and was supported by a duty solicitor who was a 'solicitor advocate', he has persuded my partner to accept a caution, as the police disclosed a further injury of a loose tooth, which required dental work and was bleeding.
Advocate advised very strongly that this was abh and so was the split lip... he then stated that prosecutor would argue that history of bad feeling with bus driver and partenr was aggressive. etc
Without wishing to be rude, is a solicitor advocate suitable to give this advice, as yet my aprtner has not accepted the caution. Du to go tomorrow
A solicitor advocate is a solicitor. It just means he has higher rights of audience at court.If he's admitted an assault and there are fairly severe injuries that are capable of proof then a caution is not a bad deal. You should really be following the advice of your solicitor though as he will have full vision of the case and I do not.
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